Judge criticises Courts Service over workload

Judge John Neilan has consistently refused to meet those involved in the reorganisation of District Court districts and sittings…

Judge John Neilan has consistently refused to meet those involved in the reorganisation of District Court districts and sittings, according to the Courts Service.

It was responding to comments he made earlier this month about its management and staff, and the problem of long lists in his court, which were reported in the local media in Mullingar and Longford.

Moving to adjourn cases in these towns, he described the Courts Service as "totally, absolutely, utterly incompetent from the CEO down" and staffed by officials who were "far removed from operating" the system and were merely "moving figures around on a screen." He said it was a "shambles" and asked: "Is there anybody in the Courts Service with any modicum of intelligence?"

He also questioned how the Minister for Justice "can let a statutory body loose without any modicum of intelligence".

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The reorganisation of the District Court districts began earlier this year, with the redistribution of work in the eastern half of the State. The need for the reorganisation arises from the major demographic shifts that have taken place over the past number of decades, with both an absolute increase in the population nationally and a particular increase in the population of the counties around Dublin. The demand for legal services and court time therefore also increased and increased greatly in certain areas.

Following a review of demand, court venues, sittings and workloads, there are now two new districts and two extra full-time judges assigned in the first phase of the reorganisation. This involves Waterford, Wexford, Wicklow, Kildare, Carlow, Kilkenny, Louth, Cavan, Monaghan and Meath.

The second phase includes the midland district where Judge Neilan sits. The reorganisation will be implemented later this year, according to the Courts Service.

It its statement, the service states that this reorganisation has been approved by the board, on which members of the judiciary sit, adding: "Judge Neilan has consistently refused to meet those organising the changes to discuss the detailed arrangements."

It is understood that additional judges are also allocated to his district to handle the build-up of adjourned cases. Attempts to contact him to discuss these matters failed yesterday; he indicated, through a member of District Court staff, that he was not taking calls from journalists.

Judge Neilan has been involved in controversy previously arising from remarks made from the bench. In 2003, he issued an apology when there was widespread criticism of comments he made when two non-Irish national women appeared before him on shoplifting charges. He said: "The majority of shopping centres in this District Court area will be putting a ban on access to coloured people if this type of behaviour does not stop."

In 2004, he announced he would immediately jail for a week all those guilty of drink-driving while he considered what sentence to impose. Following comments from then minister for justice Michael McDowell, that there was a constitutional right to bail except where there were specific reasons for denying it, he said he was withdrawing from hearing drink-driving cases for six months in the light of the minister's attempts to "intimidate and humiliate" his court.

In 2005, he questioned the use of taxpayers' money for the use of interpreters in court for defendants, saying he would no longer be authorising payments to interpreters for foreigners who were earning good money in Ireland.